YKZZ v Minister for Immigration and Border Protection

This matter concerned an application by YKZZ (the applicant) to revoke the mandatory cancellation of his visa, which had been cancelled due to his failure to pass the character test, specifically because he had a substantial criminal record. The Minister for Immigration and Border Protection opposed the revocation. The decision was made by Senior Member M J McGrowdie.

The primary legal issue before the Tribunal was whether the discretion should be exercised to revoke the mandatory cancellation of the applicant's visa, having regard to the considerations set out in Ministerial Direction no 65. This involved assessing the protection of the Australian community from criminal or other serious conduct, the seriousness and nature of the applicant's conduct, the risk of re-offending, the expectations of the Australian community, and the impact on victims and the applicant's family.

The Tribunal considered the primary considerations under Direction 65, noting that Australia is committed to protecting its community from criminal activity. The applicant's conduct was found to be serious, involving substantial prison terms for offences including setting a fire at premises where his wife and child were present, and later operating a clandestine drug laboratory. Despite undertaking some rehabilitation and participating in programs, the applicant re-offended after his initial conviction and the fire incident, indicating a persistent pattern of serious offending that put others at risk. The Tribunal found that while the applicant had engaged in rehabilitation, the gravity of his repeated offences and the risk to the community outweighed these efforts.

Weighing all considerations, and giving greater weight to the primary considerations, the Tribunal concluded that the discretion should not be exercised to revoke the mandatory cancellation of the applicant's visa. Accordingly, the decision under review was affirmed.